Identification Of Platform Enterprises’ Abusing Market Dominance

The core of anti-monopoly law is to restrict the monopoly behavior of enterprises.From the case of platform enterprises suing Tencent in 2013 to Alibaba being fined18.228 billion yuan in 2021,the analysis of these antitrust cases shows that the most common monopoly behavior of platform enterprises is the abuse of market dominance.The Antitrust Guidelines Of The Antitrust Commission Of The State Council On Platform Economy(hereinafter referred to as the Guideline),issued at the beginning of2021,supplements the standards and methods for identifying the abuse of market dominance by platform enterprises.However,it only summarizes part of the considerations of behavior identification,and does not further optimize the identification procedure.Therefore,it will still face a lot of challenges in the application process,which has also triggered a lot of disputes in the academic circles.The chapter mainly uses case analysis method,literature research method and other methods to study,starting with the characteristics of platform enterprises,analyzes the reasons why platform enterprises are prone to monopolistic behavior,puts forward the existing problems of existing laws on their regulation,and puts forward relevant suggestions for improvement.Firstly,the platform has the characteristics of network externality and virtuality.As an asset,the importance of data is gradually highlighted,which leads to the abuse of market dominance by platform enterprises.Secondly,in the current laws and regulations,there are still some standards and methods of behavior identification that need to be improved.For example,for the definition standard of a relevant market,in addition to distinguishing the relevant product market and relevant regional market,we also need to consider the timeliness of its behavior.In the selection of defined methods,in addition to the analysis of demand and supply substitution method,we can also improve the SSNIP test model to measure it accurately;In addition to market share,there are also data to measure whether a platform enterprise is in a dominant position in the market.Moreover,the behavior of abusing market dominant position implemented by platform enterprises has different characteristics and manifestations from the behavior regulated by anti-monopoly law.We need to analyze the purpose of enterprise behavior and whether it causes the consequences of excluding and restricting competitors to judge whether the behavior needs to be regulated by anti-monopoly law.Finally,in the identification procedure,the professionalism and ability of administrative law enforcement agencies and the evidence in the process of behavior identification by judicial organs are the key to improving the efficiency and accuracy of the identification of platform enterprises abusing market dominant position.